Revolutionary War Pension and Bounty Land Warrant Application File S. 21168, James Dyer, Mass.

SERVICE
Mark
Dyer, James
NUMBER _____
S. 21168
CONTENTS

Massachusetts 152.
James Dyer
Hampshire in the State of Massachusetts who was a pri. Sergt. in the company commanded by Captain Thayer of the Regt commanded by Col. Lanson in the Mass'ts line for 2 years
Inscribed on the Roll of Massachusetts at the rate of 100 Dollars — Cents per annum, to commence on the 4th day of March, 1834.
Certificate of Pension issued the 4. day of June '33 and sent S. F. Lyman Northampton Mass:
Arrears to the 4th of March 33 — 200 Semi-ant. allowance ending 4 Sept " — 50
$ 250
{ Revolutionary Claim, } ? Act June 7, 1832. }
Recorded by Wm Miller Clerk, Book E Vol. 2 Page 16

DECLARATION, in order to secure the benefit of the Act of Congress, passed June 7, 1832.
COMMONWEALTH OF MASSACHUSETTS.
COUNTY OF Weymouth Hampshire ss -
ON this Twelfth day of September in the year of our Lord, eighteen hundred and thirty
Two personally appeared James Dyer , at said Dyer's dwelling house in Plainfield in the County of Hampshire, being very infirm and unable to attend court and 87 years, who being first duly sworn according to law, doth, on his oath make the following declaration, in order to obtain the benefit of the act of Congress, passed June 7th 1832.
THAT he entered the service of the United States under the following named officers and served as herein stated.
That soon after the Battle of Lexington in the Spring of 1775 he volunteered in a Company commanded by Jacob Gould and a Regiment commanded by Col Greaton and marched from the town of Weymouth in the County of Norfolk and State of Massachusetts to Roxbury near Boston and served for the term of eight months and was discharged not far from the first of January 1776
That again in the Month of February 1777 he again volunteered in a Company and served under the Command of Capt Thayer that he marched from Weymouth aforesaid to Schenoborough in the State of New York by way of Springfield and Albany that he engaged for the term of one year and was in the Service at Schenoborough Ticonderoga and that vicinity until his term of Service expired in January or February 1778 that he again volunteered as a Sergeant in a Company commanded by Capt Lord and marched from Weymouth to Fairfield in the State of Connecticut by way of Hartford and New Haven that he was stationed at Fairfield a part of the time a part of the time at Esopus in the State of New York and at White Plains don't recollect as the Company was attached to any Regiment but served as a guard along the Sound he enlisted in the Month of April but is not positive whether in the year 1778 or 1779 and was discharged in the Month of August following at Fairfield in Connecticut
I was born in the town of Weymouth in the County of Norfolk and State of Massachusetts on the fourteenth day of July 1745 resided in that town during the revolutionary war and until I was about forty five years old then removed to Plainfield in the County of Hampshire and have resided in that town and vicinity ever since I have no documentary evidence to prove my service and know of no person living whose testimony I can procure who can testify to my service any further than is herewith transmitted
I was at Stillwater in 1777 and in an engagement at the taking of Burgoyne Gen. Simon was in the same engagement and was wounded in the leg, I actually served in the Revolutionary war as above stated at different terms of service two years -
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of the agency of any state.
Sworn to and subscribed the day and year aforesaid.
James Dyer
Before me Samuel Brinsley Judge of Probate for said County

We Eliphalet Packard a Clergyman residing in the residing in  residing in Cummington in the County of Hampshire John Dorr residing in Windsor near to James Dyer hereby certify that we are well acquainted with said James Dyer the said applicant who has subscribed and sworn to the above declaration, that we believe him to be 87  87 years of age, that he is reputed and believed in the neighborhood where he resides, to have been a soldier of the revolution, and we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
Eliphalet Packard
Samuel Hinckley Judge of Probate John Dorr for said estate,
these it is his
And the said judge hereby declares his opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above mentioned applicant was a revolutionary soldier, and served as he states.
And the said judge further certifies, that it appears to him that Eliphalet Packard Esq. who signed the preceding certificate, is a clergyman , resident in the Cummington and that said John Dorr who has also signed the same is a resident in the Windsor are to my knowledge and are credible persons and that their statement is entitled to credit.
Samuel Hinckley Judge of Probate
I Samuel D. Lyman Register of of the Court of Probate do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of James Dyer for a pension that said Samuel Hinckley is Judge of Probate for said estate. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of office this twelfth day of October in the year of our Lord eighteen hundred and thirty two.
Samuel D. Lyman Register

James Dyer application for a Pension
18756
Please make return to Samuel Hinckley Northrop Jan. May, 77

18456
James Dyer •
Mass
Adams
Private 12 mo. 40
Surf 12 mo. 60
1 00

BRIEF in the case of  James Dyer 60 of Hampshire in the State of Mass (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? before the Judge out of court,  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? yes  3. How old is he? 61  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     Spring In 1775 volunteered 8 Sergeant Gen. Gould Col. Greateon   Jun'y 1776 " 1 --- Col. Thayer Col. Samson   April 1778 enlisted 4 Sergeant Col. Lona   2 0 ---  
 5. In what battles was he engaged? Battle Still water.  6. Where did he reside when he entered the service? Norfolk Co Mass  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditional one living witness  8. Are the papers defective as to form or authentication? and if so, in what respect? 
X  Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
George Payton
Examining Clerk,

Revolution
21168
INVALID.
Am
File No. 21168
James Lyon
Sept 18th 1861
Act: June 7th 52
Index:—Vol. 2 , Page 117
(Arrangement of 1870.)

Commonwealth of Massachusetts.
HAMPSHIRE ss. I, SAMUEL F. LYMAN, Register of the Court of Probate in and for said County, do hereby certify that Richard Esquire, before whom the annexed depositions (2) were taken is one of the Justices of the Peace within and for said County, duly and regularly appointed, and that I am well acquainted with his hand writing, and have no doubt that the Signature annexed to said depositions are genuine.
In testimony whereof I have hereunto set my hand and affixed the seal of said Court this thirteenth day of November A. D. 1832.
Samuel F. Lyman Register of Probate.
Commonwealth of Massachusetts.
HAMPSHIRE ss. I, SAMUEL F. LYMAN, Register of the Court of Probate in and for said County, do hereby certify that Richard Esquire, before whom the annexed deposition  affidavit  was taken is one of the Justices of the Peace within and for said County, duly and regularly appointed, and that I am well acquainted with his hand writing, and have no doubt that the Signature annexed to said deposition is genuine.
In testimony whereof I have hereunto set my hand and affixed the seal of said Court this thirteenth day of November A. D. 1832.
Samuel F. Lyman Register of Probate.

I Moses Hallock a Clergyman residing in the town of Harnfield hereby certify that I am acquainted with James Dyer of Harnfield in the County of Hampshire an applicant for a Pension that I believe him to be eighty seven years of age that he is respected and beloved in the neighborhood where he resides to have been a soldier of the revolution and I concur in that opinion.
Moses Hallock
Sworn to and subscribed this twelfth day of September 1832 Before me Elephalet Packard Justice of the Peace.

1875-76 James Lyon

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Sammy Dyer which require further proof or explanation.
I. Does the declaration show where the applicant resides? yy II. Did the declarant make the declaration in the county where he resides? yy III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? yy V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? yy VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yy VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yy VIII. Has the Court given their opinion? yy IX. Has the Clerk given his certificate? yy X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yy

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? yy XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? XIV. †If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? yy Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? yy XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? yy XVI. ‡Are the papers authenticated as the regulations direct? yy XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
QUERE XIV.  Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
QUERE XVI.  Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.

[Faint, mirrored bleed-through text from the reverse side of the page]
Erva M. Harkins.
W. Harkins
Dyer

I Ezra Haskins of Napanee in the County of Ulster and State of New York testify and declare that I have been acquainted and lived with Mr James Dyer of Painsfuld ever since I was born which will be thirty one years in September next that from infancy I have heard the said Dyer relate his several Campaigns during the Revolutionary war I have often heard him relate a Campaign he had at White Plains and vivaciously for the term of four months and recollect of often hearing him relate anecdotes of the Tories who he represented as being numerous in the quater I have also often heard him relate the eight months Campaign at Redbank and a Campaign of one year at Stony Point where I have heard him relate frequently and many years since of hard battles building a Bridge and block house near or at what was then called Stony Point Ezra Haskins
Cummington August 11 1832
Hampshire ss August 11 1832 Personally appeared Ezra Haskins and made solemn oath to the truth of the above affidavit by him subscribed before me Ephraim Packer Justice of the Peace
Hampshire ss.
I hereby certify that Ezra H. Haskins the subscriber to the above deposition is a person of credibility, and that his deposition & evidence would be taken in any Court of Law - I make this certificate in consequence of the above Justice of the Peace having omitted to make the same declaration, I presume by mistake.
Samuel Hinsley a Justice of the Peace and Judge of Probate for said County -

I Libbeus Bates of Windsor in the County of Berkshire and State of Massachusetts having arrived to the age of twenty two years testify and say that I well know James Dyer of Plainfield in the County of Hampshire and State aforesaid and that I was knowing to the same James Dyer who then resided in the town of Weymouth and State aforesaid entering the Service of the State of Massachusetts as a Sergeant about the first of May 1775 for the term of eight months and served at Roxbury in said State for the term aforesaid and was discharged about the first of January 1776 I also further testify that I was knowing to the said Dyer entering under one Capt Thayer in the Month of February 1777 for the term of one year that he marched from Weymouth soon after for Ticonderoga in company with a Brother of mine and I have no doubt but he served the term for which he enlisted The said Dyer served at Roxbury in a company Commanded by Capt Gould and Regiment com- manded by Col Greaton
Libbeus Bates
Cum.ington Nov 1. 1832
Hampshire ss Nov 1 1832 Personally appeared Libbeus Bates signer of the above affidavit and made solemn oath to the truth of the above statement by him subscribed and I further certify that the above deposition is a credible person Elphaleth Parkard Justice of the Peace